Durant v. Durant (In re Durant)
Durant v. Durant (In re Durant)
Opinion of the Court
This matter requires the Court to consider how long a defendant may wait to raise defenses to an action, particularly where there appears to be no issues concerning notice and due process in the original proceeding. More specifically, may a defendant-with knowledge of a state court proceeding against him-take no action in that proceeding, but still contest the findings of the state court in a subsequent bankruptcy case? Does it matter that, in electing not to participate in the state court proceeding, the defendant allowed *580a default judgment to be entered, an evidentiary damages hearing to be held, and a final judgment on damages to be entered with no appeal or challenge?
The Court believes that it does matter. Although the Court appreciates that a defendant may desire to take a different strategic approach in a bankruptcy case and may even have valid defenses to the asserted claims, a defendant may not sit on his rights or wait to challenge the claims in what he may perceive to be a more favorable venue. Such an approach prejudices other parties to the original proceeding and contravenes important policy objectives (including finality and judicial economy) that underlie the doctrine of res judicata. Accordingly, as more fully explained below, the Court finds that the particular facts of this adversary proceeding satisfy the doctrine of issue preclusion under Maryland law and that grounds exist to grant the plaintiff's motion for summary judgment.
I. Relevant Background
Damond Durant, Sr. (the "Defendant") and Sharae Durant (collectively with the Defendant, the "Debtors") filed this chapter 7 case on July 28, 2017. The Debtors list approximately $452,146.00 in debt on the schedules to their chapter 7 petition. The overwhelming majority of this debt relates to a single judgment entered against the Defendant by the Circuit Court for Baltimore City on April 12, 2016 (the "State Court Judgment"). See Petition, Case No. 17-20232, ECF 1, 23; Ex. D, Am. Mot. Summ. J., ECF 24-6. This adversary proceeding concerns the dischargeability of the State Court Judgment under section 523(a)(4) of the U.S. Bankruptcy Code.
The State Court Judgment is based on the Defendant's conduct with respect to certain inheritance funds in the amount of $75,803.83 (the "Inheritance Funds") belonging to the Defendant's son, Damon Durant, Jr. (the "Plaintiff"). See Am. Mot. Summ. J. at 6-7, ECF 24; see also Transcript of Feb. 17, 2016 State Court Hearing ("State Court Tr.") 36-41, ECF 24-3.
The Plaintiff initiated litigation against the Defendant in the Circuit Court for Baltimore City (the "State Court") on January 16, 2015. The Plaintiff's complaint against the Defendant contained four counts sounding in fraud/intentional theft, breach of fiduciary duties, conversion, and unjust enrichment. See Complaint, ECF 24-4. The complaint sought actual damages, attorneys' fees, and other appropriate relief. Id. The State Court's docket indicates that the Writ of Summons was *581served on the Defendant on March 19, 2015, but that no Answer or other response was filed by the Defendant.
The State Court then held an evidentiary hearing on damages relating to the default judgment. Only the Plaintiff and his counsel appeared at the damages hearing. See State Court Tr. 37, ECF 24-3. The State Court proceeded to hear evidence on the damages request, including the Plaintiff's testimony. The Plaintiff testified that the Defendant would not allow him to use any of the Inheritance Funds until he turned 21 years old, but then when he requested the money, the Defendant told him that all of the money was gone. See id. at 14-16, 18-20. Although the Plaintiff testified that he did not know what happened to the money, he observed certain changes in the Defendant's spending habits, including the purchase of a motorcycle shortly after the Defendant received the Inheritance Funds, and various vacations that the Defendant and his wife took after that time. See id. The State Court made several findings and observations that are relevant to this adversary proceeding, including:
• "[The Defendant] has failed to appear having been given notice of today's hearing, having failed to respond to any process or notices from this Court." Id. at 37.
• "I've looked at the conduct of [the Defendant] and I find it to be, as I said at the outset, aside from being heartbreaking to hear that somebody's been treated like this, it's reprehensible." Id. at 39.
• "The fact that [the Defendant] made repeated statements to [the Plaintiff] knowing full well that they were false, that he couldn't touch the money while he was spending it on himself, to me, clearly shows, by clear and convincing evidence, that there was actual malice, that [the Defendant] knew exactly what he was doing." Id.
After a full review of the record, the State Court entered the State Court Judgment, awarding the Plaintiff $75,804.83 in actual damages ("Actual Damages"), $70,000.00 in non-economic damages ("Non-Economic Damages"), and $227,414.49 in punitive damages ("Punitive Damages"). See Ex. D, Am. Mot. Summ. J., ECF 24-6.
The State Court Judgment was indexed and recorded on April 12, 2016. See Ex. F., Am. Mot. Summ. J., ECF 24-7. Also around this time, the Plaintiff garnished the Defendant's wages and was in the process of discovery and other efforts to enforce and collect on the judgment. Id. The Defendant filed a Suggestion of Bankruptcy in the State Court on August 23, 2017. Id. The State Court then entered an order providing that the "action [was] STAYED as to all claims against [the Defendant] and the proceedings deferred to the Bankruptcy Court in accordance with Section 362 of Title 11 of the United States Code." Id.
Following the commencement of this chapter 7 case, the Plaintiff initiated this adversary proceeding by filing a complaint against the Defendant under section 523(a)(4) of the Code (the "Adversary Complaint"). ECF 1. The Adversary Complaint *582was timely filed in accordance with section 523(c) and Bankruptcy Rule 4007(c).
Shortly thereafter, the Plaintiff filed his Amended Motion for Summary Judgment (the "Motion"). ECF 24. By the Motion, the Plaintiff posits that the State Court's findings of fact made during the evidentiary hearing on the damages award memorialized by the State Court Judgment are binding on this Court under the doctrine of issue preclusion. The Defendant filed an Objection to the Motion, arguing that the State Court Judgment has no res judicata effect (under either the claim or issue preclusion doctrine) because it was a default judgment. ECF 29. The Court held a hearing on the Motion and the related pleadings on February 22, 2018 (the "Hearing").
II. Jurisdiction and Legal Standards
The Court has jurisdiction over this adversary proceeding pursuant to
Rule 56 of the Federal Rules of Civil Procedure, made applicable to this adversary proceeding by Bankruptcy Rule 7056, governs the Motion for Partial Summary Judgment. A moving party may be entitled to judgment as a matter of law under Civil Rule 56 in the absence of any genuine issue of material fact. Fed. R. Civ. P. 56. See Emmett v. Johnson ,
A court must view the evidence on summary judgment in the light most favorable to the nonmoving party and "draw all justifiable *583inferences" in its favor, "including questions of credibility and of the weight to be accorded to particular evidence." Masson v. New Yorker Magazine ,
The Defendant apparently disputes the factual allegations underlying the State Court Judgment. Those factual issues are not, however, before the Court at this time. Rather, the issue before the Court concerns the import of the State Court's factual determinations and whether the parties and this Court are bound by those determinations in this adversary proceeding. The Court must resolve the Motion based on the legal doctrine of issue preclusion under Maryland law. Accordingly, the resolution of the legal issue presented by the Motion is appropriate and warranted under Civil Rule 56.
III. Analysis
The bankruptcy discharge is a hallmark of U.S. bankruptcy law. It provides a debtor with that coveted fresh start, and it is one of the primary policy objectives underlying the Code. See, e.g., Grogan v. Garner ,
In this proceeding, the Plaintiff alleges that the State Court Judgment is a nondischargeable debt in the Defendant's chapter 7 case under section 523(a)(4) of the Code. That section provides, in relevant part, that "[a] discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt ... for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny ...."
A. Standard for Reviewing Debts Under Section 523(a)(4)
Courts evaluating claims under section 523(a)(4) of the Code generally require proof of a traditional fiduciary relationship and evidence of fraud or defalcation by the debtor while acting a fiduciary capacity. Notably, section 523(a)(4) is satisfied with evidence of either fraud or defalcation. For purposes of section 523(a)(4), fraud means "positive fraud, or fraud in *584fact, involving moral turpitude or intentional wrong." Neal v. Clark ,
B. Doctrine of Issue Preclusion Under Maryland Law
The parties agree that the doctrine of issue preclusion applies in the context of nondischargeability proceedings under section 523 of the Code. See, e.g., Grogan ,
The United States Court of Appeals for the Fourth Circuit has instructed that "the full faith and credit statute requires a federal court to apply state res judicata law in determining the preclusive effect of a state court judgment." Meindl v. Genesys Pac. Tech., Inc. (In re Genesys Data Tech., Inc.) ,
"Under Maryland law, the elements of res judicata, or claim preclusion, are: (1) that the parties in the present litigation are the same or in privity with the parties to the earlier dispute; (2) that the claim presented in the current action is identical to the one determined in the prior adjudication; and, (3) that there has been a final judgment on the merits. ... If a final judgment exists as to a controversy between parties, those parties and their privies are barred from relitigating any claim upon which the judgment is based." Anne Arundel Cty. Bd. of Educ. v. Norville ,
As noted above, the State Court Judgment is a default judgment that was entered by the State Court without any participation by the Defendant in the litigation. Some Maryland case law suggests that the preclusive effect of a default judgment is limited. See, e.g., Jordan v. Moore ,
The Maryland Court of Appeals appears to endorse the latter approach to analyzing claims of issue preclusion. In John Crane, Inc. v. Puller ,
In determining whether an issue has been actually litigated, courts may look beyond the judgment to examine the pleadings and evidence presented in the prior case.... ("[F]or the doctrine of collateral estoppel to apply, the probable fact-finding that undergirds the judgment used to estop must be scrutinized to determine if the issues raised in that proceeding were actually litigated, or facts necessary to resolve the pertinent issues were adjudicated in that action.")
In this adversary proceeding, the Defendant had notice of the State Court action, including the initial default judgment and the subsequent damages award entered by the State Court. See State Court Tr. 37, ECF 24-3. The record contains no evidence that service was defective in the State Court action, and the Defendant offered no evidence to suggest that he lacked notice of the action. See, e.g., Miles v. Bollinger ,
Moreover, the State Court did not just enter a default judgment on liability, but conducted an evidentiary hearing and made specific factual findings based on that evidence. See, e.g., Jordan v. Moore ,
The Court understands that the Defendant chose not to participate in the State Court action.
C. Application of Issue Preclusion to Section 523(a)(4)
The next question is whether the State Court's findings are sufficient to establish the Plaintiff's claim under section 523(a)(4) of the Code. As referenced above, courts generally consider three factors in evaluating a debt under section 523(a)(4) : " '(1) the establishment of an express trust regarding the funds; (2) that the debtor acted in a fiduciary capacity; and (3) the debt is based upon the debtor's fraud or defalcation while acting as a fiduciary.' " Goodwich ,
The State Court's findings included the following:
• "The fact that [the Defendant] made repeated statements to [the Plaintiff] knowing full well that they were false, that he couldn't touch the money while he was spending it on himself, to me, clearly shows, by clear and convincing evidence, that there was actual malice, that [the Defendant] knew exactly what he was doing." State Court Tr. 39, ECF 24.3.
• "And although your grandmother said you should not have the money if you're not 21 yet, it's governed by the Uniform Transfer to Minors Act which does envision the-that there may be drawn from the principal of the estate as needed for clothing, support, care, protection, welfare, and education. And I think certainly if-having transportation would fit in there as well as your thoughts on going to college, that you should have had access to that money before turning 21 for your education. And you didn't." Id. at 38-39.
• "So having considered that conduct and the Exhibits 1 and 2 regarding his income, I understand, obviously, there's limits to what can be garnished. So I do find he would have an ability to pay and that he should be subject to a substantial punitive damage amount to discourage this type of conduct by others." Id. at 40.8
The State Court's findings, supported by the record in the State Court action, establish *588each element of section 523(a)(4). Under the Maryland Transfer to Minors Act, a custodian (such as the Defendant) is a fiduciary and is directed to "[a]t all times ... keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor." Md. Code, Estates and Trusts, § 13-312(d)(1).
IV. Conclusion
For the reasons set forth above, the Court concludes that the State Court Judgment bars the parties from relitigating the issues raised by the Adversary Complaint. Under the doctrine of issue preclusion and applicable Maryland law, the State Court's findings are binding on the parties and this Court. The Plaintiff is entitled to summary judgment as requested by the Motion. The Court will enter a separate order consistent with, and granting the relief set forth in, this Memorandum Opinion.
A court may take judicial notice of official transcripts from other proceedings. See, e.g., King v. Nalley ,
The Court may take judicial notice of court dockets in other proceedings, including state court proceedings. See, e.g., Bey v. Shapiro Brown & Alt, LLP ,
The Defendant filed a motion to dismiss because the Plaintiff failed to serve the original summons in accordance with Bankruptcy Rule 7004. ECF 14. The Plaintiff then filed a request to reissue the summons and an affidavit of service. ECF 15, 19. The Court denied the motion to dismiss, and the Defendant thereafter filed his answer. ECF 21, 23.
The Plaintiff filed a request that the Court take judicial notice of its Order regarding the United States Trustee's motion in limine concerning certain requests for admissions filed in the main bankruptcy case. ECF 34; ECF 30 in Case No. 17-20232. Because the Court resolves the Motion under the doctrine of issue preclusion, it does not address the Plaintiff's request in the context of this motion and will deny that request without prejudice as moot.
The Plaintiff attached the following materials as exhibits in support of the Motion: the State Court Transcript, the State Court Complaint (and related filings), the State Court Judgment, and the State Court Docket. In addition, the Court takes judicial notice of, and references where appropriate or useful, certain other materials. See supra notes 2, 3.
The Court also acknowledges that some courts ground application of issue preclusion in an appearance by the defendant in the subject litigation prior to the entry of default. See, e.g., Bernstein ,
The State Court also suggested that the Defendant's conduct was similar to "conduct that preys on consumers," which the State Court noted has been addressed by Maryland statutory law in other contexts.
Under Maryland law, "[e]xpress trusts are created by the direct and willful acts of the parties, by some writing, or deed, or words expressly evidencing the intention to create a trust." From the Heart Church Ministries, Inc. v. African Methodist Episcopal Zion Church ,
Reference
- Full Case Name
- IN RE: Damond and Sharae DURANT, Debtors. Damond Durant, Jr. v. Damond Durant, Sr.
- Cited By
- 6 cases
- Status
- Published